GUSTINE, Calif. — The Gustine Planning Commission approved a resolution on March 26, recommending that the Gustine City Council adopt amendments to the city's zoning ordinance to comply with recent changes to California’s laws governing accessory dwelling units (ADUs).
The amendments are aimed at aligning Gustine's regulations with state mandates introduced by Senate Bill 1211 and Assembly Bill 2533 in 2024. These bills are part of California's ongoing effort to reduce housing shortages by streamlining ADU approval processes and curbing local regulatory barriers.
According to city officials, SB 1211 brings significant updates, including adjustments to height limits for ADUs near transit corridors, provisions for nonconforming ADUs, and further simplifications for ministerial review.
SB 1211 expands the scope of ADUs in multi-family zones, allowing up to eight detached ADUs on lots with existing multi-family dwellings, as long as the number does not exceed existing units. The bill prohibits requiring replacement of demolished parking spaces for ADU construction and standardizes enforcement of development standards.
The impact on cities includes: Zoning and permitting processes must reflect expanded ADU allowances in multifamily zones; policies on parking replacement, setbacks, and height limitations must align with SB 1211; and any imposed standards must comply with the limits set by the bill.
Meanwhile, AB 2533 imposes tighter restrictions on owner-occupancy requirements, new allowances for unpermitted ADUs built before 2020, and more constraints on parking requirements.
AB 2533 prohibits local agencies from denying permits for unpermitted ADUs constructed before January 1, 2020, unless the units are deemed substandard under the Health and Safety Code. The bill mandates the provision of public resources, such as checklists for substandard conditions, and prohibits impact fees unless required for utility upgrades.
Cities need to update the permitting process to accommodate legalization of unpermitted ADUs, focusing on health and safety compliance. They also should allocate resources for public outreach, including user friendly checklists and online guidance for homeowners. Inspections should prioritize health and safety without penalizing applicants for minor violations.
City staff noted in the report that while the state prescribes most ADU regulations, the proposed ordinance incorporates areas of local discretion. Aspects that will still be under local jurisdiction control include:
· Objective Design Standards: Establishing reasonable and objective architectural and aesthetic standards.
· Landscaping Requirements: Incorporating privacy measures such as setbacks and screening between ADUs and adjacent properties.
· Historic Preservation Considerations: Defining regulations for ADUs near historic properties to maintain architectural character.
· Size and Configuration of Interior Spaces: Setting reasonable minimum and maximum size requirements for kitchen and bathroom facilities.
· Nonconforming ADUs: Establishing a local process for reviewing and permitting ADUs that do not conform to current zoning standards.
The commission’s recommendation now heads to the Gustine City Council for final approval. If adopted, the ordinance will enable the city to meet statutory deadlines while addressing local priorities, such as privacy and architectural integrity.
The council is expected to review the recommendation at a future meeting.
